The South African legal system with special reference to land tenure : a sociological interpretation

Abstract:

The primary purpose of this study is to contribute to an understanding of social order, disorder and change, by developing a sociological interpretation of the South African legal system. A second purpose is to enlarge knowledge of the historical evolution and present state of the South African system of land ownership: the interpretation of the legal system in general is applied to land ownership in particular. The development of law-in-society can be divided into three phases. The first phase is repressive law, when there is a close association between the legal system and the state. The second phase is autonomous law, when the independence of the legal system from the state is established and protected. The third phase is responsive law, when the legal system becomes more actively involved in the formulation of public policy. Each of these phases or dimensions (incorporated in the theoretical model presented here) is relevant to an analysis of the South African legal system as a whole, and specifically of the system of land ownership. A grasp and implementation of the central sociological issues dealt with in this study will be increasingly important during the fundamental transformation that South African society will undergo during the next few years. South African sociologists must accept the challenge.